Supreme Court - Daily Orders
Alaska Tyres Pvt. Ltd. vs Commissioner Of Central Excise on 8 February, 2019
Bench: A.K. Sikri, S. Abdul Nazeer
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.D35069 OF 2018
ALASKA TYRES PVT. LTD. ETC ETC. .....APPELLANT(S)
VERSUS
COMMISSIONER OF CENTRAL EXCISE ....RESPONDENT(S)
O R D E R
These appeals are directed against the impugned order dated 06.06.2017 passed by the Customs, Excise & Service Tax Appellate Tribunal, Principal Bench, New Delhi, in Appeal Nos.1062 & 1721 of 2010.
We have heard learned counsel appearing for the appellants and perused the record.
There is an inordinate delay of 407 days in filing these appeals. We are not satisfied by the explanation offered for the same. The appeals are, therefore, liable to be dismissed on the ground of delay itself.
Even on merits, we do not find any legal infirmity in the impugned order warranting our interference under Section 35-L(1)(b) of the Central Excise Act, 1944.
Accordingly, these appeals are dismissed on the ground of delay as also on merits.
.....................J Signature Not Verified [A.K. SIKRI] Digitally signed by SANJAY KUMAR Date: 2019.02.13 17:05:30 IST .....................J Reason:
[S. ABDUL NAZEER] NEW DELHI;
FEBRUARY 08, 2019.
ITEM NO.14 COURT NO.2 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL Diary No(s). 35069/2018 (Arising out of impugned final order Nos.53657-53658 of 2017 dated 06-06-2017 passed by the Custom Excise Service Tax Appellate Tribunal, Principal Bench, New Delhi in Appeal No.1062/2010 and Appeal No.1721/2010) ALASKA TYRES PVT. LTD. ETC. ETC. Appellant(s) VERSUS COMMISSIONER OF CENTRAL EXCISE Respondent(s) (FOR ADMISSION and I.R. and IA No.149131/2018-CONDONATION OF DELAY IN FILING APPEAL and IA No.149132/2018-STAY APPLICATION ) Date : 08-02-2019 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE S. ABDUL NAZEER For Petitioner(s) Mr. A.K. Prasad, Adv.
Mr. Rupesh Kumar, Adv.
Ms. Priyanka Goel, Adv.
Ms. Surbhi Sinha, Adv.
Mr. Pravesh Bahuguna, Adv. Ms. Hetri Mota, Adv.
Mr. Rupesh Kumar, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R These appeals are dismissed on the ground of delay as also on merits in terms of the signed order.
Pending interlocutory applications, if any, stand disposed of.
(SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed Order is placed on the file)